Where any suit is pending in civil court regarding whether a particular will is forged and fabricated one or not and after that judicial magistrate takes a cognizance of offence under section 467 and 471 of IPC regarding same will on the basis of complaint under s. 200 of CrPC
my question is whether a criminal trial is mainatainable or whether liable to be stayed.... please help with the help of relevant statutory and judicial authorities......
What are your grounds of suspicion?Is their a prima facie case of forgery or manipulation of documents?There is one question the document not legally sustenable but no forgery made is exsclusively Civil matters and shall be dealt as per CPC.But if you find any forgery etc and you are sure , parallel Criminal trial is maintenable as making forgery is a Criminal offence.There might be Criminal Conspiracy and involvement of a number of persons and abetment.Do you have evidence perticularly documentary evidence ,in addition of oral testimony?But there are certain sections of IPC perticularly false evidence/forged documents produced in evidence in judicial proceedings where it requires sanction of the court of Civil trial Court in that case you move a simple petition stating the facts,grounds of forgery etc and requesting the Civil Trial Court where the matter is pending to forward the case to appropriate Criminal Court for trial for forgery under Cr.P.C section 340 read with IPC Sec 195 (ii)(b).You may takemy help for same.
I am not a lawyer but I have read CPC,Cr.PC etc,when my lawyer did not bring the desired reults or did the needful. I am dealing a similar case of my own and recently I have moved the application u/s 340 Cr.PC , before the trial court,I will be interested to know your details and specifically I have read so many detailson these issues.
If you need further advice you can contact me at [url=mailto:TSBehera@Yahoo.co.in]TSBehera@Yahoo.co.in[/url] by attaching a copy of will etc found forged.
My dear you need not refer any citation at this stage,but please go through Sec 340 of Code of Criminal procedure and Sec 195(ii)(b) of Indian penal code,the language is very tricky,but read,reread you will get your answer in the light of my advice what I have written
We are in a similar situation. Both civil and criminal proceedings are very much maintainable. The testamentary court will decide if the Will is proved or not - the Will must be proved primarily through the Attesting Witnesses. The criminal court if it has taken cognizance and issued Process - it means that prima facie the criminal court holds that the documents are bogus, the court will have to adjudicate as to whether the accused are guilty or innocent of forging / fabricating the docs, using the same as genuine etc. It is the burden of the prosecution side to first prove that the documents are bogus, thereafter that the accused have a hand in whatever offences they are charged with. The SC has clearly held that adjudication of civil rights are quite distinct from commission of criminal offences. Try to get from judis.nic.in Trisuns Chemical Industry Vs. Rajesh Agarwal
& Ors. [(1999) 8 SCC 686]
one O.s. suit is pending in civil court from past 20 years,facts of the case- i am defendant, we purchased the ancestoral property from the plaintiff brothers, during that time this plaintiff was minor so due that he didnot signed the sale deed now he has filed the civil suit aganist us. we are in possession of the schedule property since 40 years and above that from after purchasing it.